Modequillo vs Breva

185 SCRA 766 | May 31, 1990

J. Gangayco

Facts:

Herein petition alleges that the trial court erred and acted in excess of its jurisdiction in denying
petitioner's motion to quash and/or to set aside levy on the properties. He asserts that the residential
house and lot was first occupied as his family residence in 1969 and was duly constituted as a family
home under the Family Code which took effect on August 4, 1988. Thus, petitioner argues that the said
residential house and lot is exempt from payment of the obligation enumerated in Article 155 of the
Family Code. And that the decision in this case pertaining to damages arising from a vehicular accident
took place on March 16, 1976 and which became final in 1988 is not one of those instances enumerated
under Article 155 of the Family Code when the family home may be levied upon and sold on execution.
It is further alleged that the trial court erred in holding that the said house and lot became a family
home only on August 4, 1988 when the Family Code became effective, and that the Family Code cannot
be interpreted in such a way that all family residences are deemed to have been constituted as family
homes at the time of their occupancy prior to the effectivity of the said Code and that they are exempt
from execution for the payment of obligations incurred before the effectivity of said Code; and that it
also erred when it declared that Article 162 of the Family Code does not state that the provisions of
Chapter 2, Title V have a retroactive effect.

Issue:

Does the Article 162 have a retroactive effect?

Held:

No, the contention of petitioner that it should be considered a family home from the time it was
occupied by petitioner and his family in 1969 is not well- taken. Article 162 simply means that all
existing family residences at the time of the effectivity of the Family Code, are considered family homes
and are prospectively entitled to the benefits accorded to a family home under the Family Code. Article
162 does not state that the provisions of Chapter 2, Title V have a retroactive effect.